The Fair Work Commission’s recent decision concerning Sunday penalty rates gives a strong indication that public holiday penalty rates are here to stay.
The Full Bench of the Fair Work Commission handed down a decision which reduces the Sunday penalty rate for low level casual employees employed under the Restaurant Industry Award 2010.
The proposition that there’s not much difference between Saturdays and Sundays for restaurant employees was rejected.
“Working on Sundays involves a loss of a day of family time and personal interaction upon which special emphasis is placed by Australian society,” said Vice President Hatcher, Justice Boulton and Commissioner McKenna in their joint decision.
“The position has not changed since a Full Bench of the Australian Industrial Relations Commission considered this issue in 2003.”
It follows that the FWC will consider that public holidays are sacrosanct and penalty rates will not be removed.
This decision is not part of the four yearly review being undertaken by the FWC, which has broader powers than those in this decision.
Only effects pay of:
- casual employees
- employed under the Restaurant Industry Award 2010
- Introductory Level classification, or Level 1 and Level 2 pay grades
- on Sundays
Sunday penalty rate
- is now 50% (down from 75%)
- including casual loading
- same as Saturday penalty rate
Takes effect from 1 July 2014.
Decision of the Full Bench in